Deck 17: Environmental Protection

Question 1

A trespass occurs when there is any intentional invasion of an individual's right to the exclusive use of his or her own property.

Answer 1

True
Explanation: A trespass occurs and liability is imposed on any intentional invasion of an individual's right to the exclusive use of his or her own property.For example,in a 1959
Oregon case,Martin v.Reynolds Metals Co.,the plaintiffs successfully sued in trespass for damages caused by the operation of an aluminum reduction plant,which caused certain fluoride compounds in the form of gases and particulates to become airborne,settle on the plaintiffs' land,contaminate their forage and water,and poison their cattle.
Multiple Choice Questions

Question 2

Negligence is a substantial and unreasonable invasion of the private use and enjoyment of one's land.

Answer 2

False
Explanation: A private nuisance is a substantial and unreasonable invasion of the private use and enjoyment of one's land; a public nuisance is an unreasonable interference with a right common to the public.Harmful conduct may be both a public and private nuisance simultaneously; the case law distinctions between the two are often blurred.

Question 3

The National Pollutant Discharge Elimination System (NPDES) requires all dischargers to secure a permit,most often from the Environmental Protection Agency,before pouring effluent into a navigable stream.

Answer 3

True
Explanation: The National Pollutant Discharge Elimination System (NPDES) requires all dischargers to secure a permit,most often from the Environmental Protection Agency,but at times from some other government agency,before pouring effluent into a navigable stream.The permit specifies maximum permissible levels of effluent and typically also mandates the use of a particular pollution control process or device to ensure that level is not exceeded.

Question 4

Under the Resource Conservation and Recovery Act,the provisions for nonhazardous wastes are more supportive than punitive in tone and approach.

Question 5

The states have primary responsibility for enforcing the Clean Water Act.

Question 6

The main purpose of the Comprehensive Environmental Response,Compensation,and Liability Act of 1980 is to allow private citizens to sue for damages caused by hazardous chemicals.

Question 7

The Clean Water Act clearly states what waters are covered by the act and therefore subject to Environmental Protection Agency regulations.

Question 8

The Environmental Protection Agency assists both state and local pollution control efforts.

Question 9

The United States was unsuccessful in using the cap-and-trade approach to reduce sulfur dioxide emissions that were a major factor in the creation of acid rain.

Question 10

Direct subsidies in the nature of rebates were used in the 2009 federal Cash for Clunkers program.

Question 11

Early clean air legislation in 1963 and 1965 afforded the government maximum authority.

Question 12

Environmental protection in the United States is just a matter of social policy and is free from political influences.

Question 13

The bulk of the environmental laws and regulations in the United States were drafted to address compartmentalized and discrete issues.

Question 14

The Brownfields Act provides liability protection for prospective purchasers and contiguous property owners.

Question 15

Which of the following statements is true of the Congressional Budget Office's estimation about environmental taxes and how Americans spend money on gas and utilities?

A)The poorest 20 percent of Americans spend only 6 percent of their income on gas and utilities.
B)The richest 20 percent of Americans spend 40.2 percent of their income on gas and utilities.
C)The poorest 20 percent of Americans spend 21.4 percent of their income on gas and utilities.
D)The United States collects federal taxes on energy (including the federal gas tax) amounting to $10 per ton.

Question 16

Under the Clean Air Act,the state government is solely responsible for setting air quality standards.

Question 17

As early as 1899,Congress enacted a law that required a permit to discharge refuse into navigable waters.

Question 18

In the context of the cap-and-trade program,pollution credits are issued to the least significant emitters of the pollutant for which a cap is set.

Question 19

The cap-and-trade program leads to the use of the least cost-effective pollution reduction methods to reach the desired environmental goals.

Question 20

Recycled hazardous materials are covered by the Resource Conservation and Recovery Act.

Question 21

Which of the following established the Council on Environmental Quality,which serves as an adviser to the president?

A)The HYPERLINK "http://cooperation" North American Agreement on Environmental Cooperation HYPERLINK "http://cooperation"
B)The Clean Water Act
C)The HYPERLINK "http://treaty" Protocol on Environmental Protection to the Antarctic Treaty
D)The National Environmental Policy Act

Question 22

The act governing the safe movement and disposal of hazardous solid wastes is the:

A)Clean Water Act.
B)Toxic Substances Control Act.
C)Comprehensive Environmental Response,Compensation,and Liability Act.
D)Resource Conservation and Recovery Act.

Question 23

Which of the following factors poses a problem in tackling environmental concerns?

A)If a decision is taken to correct an environmental problem,the entire burden of the correction falls on the poorest section of society.
B)Environmental protection in the United States is just a matter of science,cost assessment,and social policy.
C)The federal government plays an insignificant role in the protection of the environment.
D)When performing a cost-benefit analysis,the criterion that should be used to evaluate the cost to future generations is not clear.

Question 24

In the context of the Clean Water Act:

A)the Environmental Protection Agency has exclusive implementation authority.
B)the federal government has clearly defined the waters that come under its jurisdiction.
C)the states have primary responsibility for its enforcement.
D)the federal government has assumed the responsibility of monitoring surface water runoff.

Question 25

Which of the following statements is true of the Comprehensive Environmental Response,Compensation,and Liability Act?

A)Cleanups may be carried out by the Environmental Protection Agency or private parties.
B)It requires that parties involved in cleanups recover costs from the federal government.
C)It attaches liability only with proof of both intent and negligence.
D)Potentially responsible parties are limited to present owners of the site.

Question 26

Which of the following statements is true of the Clean Air Act?

A)Air quality standards are set federally,but the states are required to establish implementation plans to achieve and maintain those standards.
B)Private companies receiving federal contracts,funding,licenses,and the like may be parties to the completion of an environmental impact statement.
C)Limits are imposed on the amount of pollutants that may lawfully enter the water of the United States from any "point source."
D)All pollutant dischargers are required to secure an Environmental Protection Agency permit before releasing effluents into a navigable stream.

Question 27

Which of the following laws provides liability protection for prospective purchasers and contiguous property owners and authorizes increased funding for state and local programs that assess and clean up industrial sites that are no longer in use?

A)The Small Business Liability Relief and Brownfields Revitalization Act
B)The National Environmental Policy Act
C)The Toxic Substances Control Act
D)CERCLA

Question 28

Which of the following was enacted for the purpose of identifying and cleaning up abandoned hazardous waste sites?

A)The Clean Water Act
B)The Toxic Substances Control Act
C)The Resource Conservation and Recovery Act
D)The Comprehensive Environmental Response,Compensation,and Liability Act

Question 29

As part of its program to _____,California began running its own carbon cap-and-trade program on January 1,2013.

A)make economic growth and environment protection mutually exclusive
B)increase the limit of the carbon footprint level of vehicles
C)cut greenhouse gas (GHG) emissions to 1990 levels by 2020
D)produce 41 percent more electricity than it had in the 1980s by 2020

Question 30

Which of the following is a drawback of the Clean Water Act?

A)Its regulation of point sources leaves many pollutants unmonitored.
B)Its goals do not include achieving water quality sufficient for the protection and propagation of fish.
C)Its jurisdiction on navigable waters is limited to monitoring the discharge of pollutants into the water bodies.
D)Its enforcement is the sole responsibility of the federal government and thus the act is partially enforceable.

Question 31

Which of the following statements is true of the Clean Water Act?

A)Enforcing this act and ensuring that water bodies are monitored regularly primarily comes under the federal jurisdiction.
B)Eliminating the discharge of pollutants into navigable waters is one of the goals of this act.
C)Achieving water quality sufficient only for recreation in and on the water is its primary goal.
D)Eliminating pollutants emitted from nonpoint sources is the main focus of this act.

Question 32

Which of the following is a requirement necessitated by the Clean Air Act?

A)It required all pollutant dischargers to secure an Environmental Protection Agency permit.
B)It required new equipment to capture industrial and business pollution.
C)It required the states to set air quality standards.
D)It required limits to be imposed on the amount of pollutants that may lawfully enter the water of the United States from any "point source."

Question 33

Under the Toxic Substances Control Act:

A)the waste generator must create a manifest to be used in tracking waste from its creation to its disposal.
B)the federal government is authorized to prohibit future open dumping.
C)the Environmental Protection Agency is empowered to review and limit or stop the introduction of new chemicals.
D)the companies importing new industrial chemicals must provide the required safety data to the Environmental Protection Agency even if the data they have does not suggest the chemical poses a "substantial risk."

Question 34

Seventy percent of the toxic waste in the landfills comes from _____.

A)food items
B)medicines
C)electronics
D)industrial chemicals

Question 35

Which of the following statements is true of the Resource Conservation and Recovery Act?

A)Its provisions exclude safe movement and disposal of hazardous solid wastes.
B)It covers recycled hazardous materials.
C)Its provisions for nonhazardous solid wastes are more supportive than punitive.
D)It vests authority with the states rather than the federal government.

Question 36

Which of the following statements is true of the National Environmental Policy Act?

A)Its environmental provisions diminished federal presence in the promotion of a clean and healthy environment.
B)It requires an environmental impact statement for all activities affecting the environment,whether public or private.
C)Its primary influence results from its environmental impact statement (EIS) requirements.
D)It was the first law that required a permit to discharge refuse into navigable waters.

Question 37

The _____ amendments of 1970 and 1977 gave the Environmental Protection Agency the power to set air quality standards and to ensure that those standards are achieved according to a timetable prescribed by the agency.

A)Clean Air Act
B)Air Pollution Control Act
C)National Environmental Policy Act
D)Toxic Substances Control Act

Question 38

Which of the following acts addresses the dangers of both nonhazardous and hazardous solid wastes?

A)The Clean Air Act
B)The Clean Water Act
C)The Resource Conservation and Recovery Act
D)The National Environmental Policy Act

Question 39

The Environmental Protection Agency was created in 1970 to mount a coordinated attack on environmental problems.Its duties primarily include:

A)conducting research on pollution problems.
B)establishing a strong federal presence in the promotion of a clean and healthy environment.
C)imposing liability on any intentional invasion of an individual's right to the exclusive use of his or her own property.
D)organizing international conferences to discuss environmental concerns.

Question 40

Which of the following factors has hindered the successful implementation of the Clean Water Act?

A)It remains unclear if the state or the federal government is primarily responsible for the implementation of the act.
B)Its jurisdiction is limited to monitoring the discharge of pollutants into navigable waters.
C)It is implemented by the states under the supervision of the Environmental Protection Agency.
D)It remains unclear exactly what waters are actually covered by the act.

Question 41

Which of the following countries is currently the largest emitter of greenhouse gases in the world?

A)China
B)India
C)The United Kingdom
D)The United States

Question 42

Describe the role of tax laws in environmental protection in the United States.

Question 43

A chemical plant has expanded with all the appropriate permits from related agencies.Since the expansion,people living within a few miles of the plant are awakened at night by the bright light and loud noise associated with flaring unused gas and chemicals from smokestacks.Assuming the flaring does not threaten the residents' safety,what common law claim would best address the citizens' complaints in this scenario?

A)A trespass claim
B)A negligence tort claim
C)A strict liability tort claim
D)A nuisance claim

Question 44

Which of the following events is reducing the world's carbon sink capacity?

A)Rise in the number of endangered species in Asia
B)Burning of forests in the Amazon and Indonesia
C)Increase in the amount of phytoplankton in the Pacific Ocean
D)Expanding of the glaciers in the Arctic region

Question 45

Describe in brief some of the challenges faced while protecting a species under the Endangered Species Act.

Question 46

Briefly explain nuisance,trespass,and strict liability.

Question 47

In an environmental law context,_____ has been considered where crop dusting contaminated adjacent properties,toxic chemicals were improperly disposed of,and oil contaminated a nearby water well.

A)trespass
B)strict liability
C)negligence
D)nuisance

Question 48

What are the two national goals established by the Clean Water Act?

Question 49

Which of the following statements is true of the Kyoto Protocol?

A)It called for a 50 percent reduction from 1990 levels of greenhouse gas emissions to be achieved by 2010.
B)It became binding when ratified by 180 countries,on Russia's ratification in late 2004.
C)It was ratified first by the United States.
D)It acknowledged that underdeveloped countries were principally responsible for the greenhouse gas levels at that time.

Question 50

Individuals may challenge government environmental decisions,such as the granting of a permit,and generally demand both governmental and private-sector compliance with the law in:

A)representative actions.
B)class actions.
C)citizen suits.
D)mass torts.

Question 51

Give some examples of environmental degradation in the United States and in the world.

Question 52

The _____ is commonly known as the Superfund.

A)Comprehensive Environmental Response,Compensation,and Liability Act
B)Clean Water Act
C)Clean Air Act
D)Resource Conservation and Recovery Act

Question 53

Discuss the cap-and-trade program.

Question 54

Discuss the enforcement actions available for the government agencies in case of environmental issues.

Question 55

Briefly describe the Kyoto Protocol.Has it been successful in achieving its fundamental objective?